1501:21-19-02
Inspection exemptions for dams and levees.

(A)
The following procedure shall be used for
applying for an inspection exemption under section
1521.064 of the Revised Code.

(1)
The owner of the dam or levee shall
submit a letter to the chief requesting an exemption under section
1521.064 of the Revised Code.

(2)
The owner shall also provide a
map showing the location of the dam or levee

.

(3)
The chief may require submittal
of documentation verifying that no person, structure or facility will be
damaged by failure of the dam or levee. This documentation may include but not
be limited to inundation maps, dam break studies and other calculations and
information as deemed necessary by the chief.

(4)
The owner shall submit a written
certification that they accept liability for any injury, death, or loss to
persons or property caused by the rupturing of or other structural damage to
the dam or levee. This liability certification is not transferable. If the
ownership of the dam or levee changes, the new owner shall submit a new
liability certification to continue the exemption.

(B)
The dam or levee shall meet the following
standards before it can be exempted under section
1521.064 of the Revised Code.

(1)
A dam shall have sufficient
discharge/storage capacity to pass the one-hundred-year flood, or other design flood as deemed appropriate by the
chief, safely through the appurtenant spillway system.

(2)
The dam or levee shall be in
a
condition sufficient to reasonably assure its continued
operation and meet all requirements deemed necessary by the chief.

(3)
The chief may require the dam or levee shall to have an
approved operation, maintenance and inspection manual and an emergency action
plan.

(C)
In order to
maintain the exemption, the chief will review the status of the dam or levee on
an annual basis. The review will follow this procedure.

(1)
The owner will submit a notice to the
chief certifying that the downstream hazard of the dam or levee has not
changed. This notice will be due to the chief by June thirtieth of each year.

(2)
The owner shall submit
notification to the chief of a change in ownership of the dam or levee.

(3)
The chief may make periodic
site visits to verify the exemption status.

(4)
If any fact becomes apparent to indicate
that the hazard of the dam or levee has changed, the chief shall rescind the
exemption and classify the dam or levee based on rule
1501:21-13-01 of the
Administrative Code.